8
2019 KIBRS Handbook
K.S.A. 22-2307
Chapter 22.—CRIMINAL PROCEDURE
Article 23.—PRELIMINARY PROCEEDINGS
22-2307. Domestic violence calls; written policies to be adopted by law enforcement agencies; contents. (a)
All law enforcement agencies in this state shall adopt written policies regarding domestic violence calls as
provided in subsection (b). These policies shall be made available to all officers of such agency. (b) Such written
policies shall include, but not be limited to, the following: (1) A statement directing that when a law enforcement
officer determines that there is probable cause to believe that a crime or offense involving domestic violence, as
defined in K.S.A. 2017 Supp. 21-5111, and amendments thereto, has been committed, the officer shall, without
undue delay, arrest the person for which the officer has probable cause to believe committed the crime or offense if
such person's actions were not an act of defense of a person or property as provided in K.S.A. 2017 Supp. 21-5222,
21-5223, 21-5225, 21-5230 or 21-5231, and amendments thereto; (2) a statement that nothing shall be construed to
require a law enforcement officer to: (A) Arrest either party involved in an alleged act of domestic violence when
the law enforcement officer determines there is no probable cause to believe that a crime or offense has been
committed; or (B) arrest both parties involved in an alleged act of domestic violence when both claim to have been
victims of such domestic violence; (3) a statement directing that if a law enforcement officer receives complaints
of domestic violence from two or more opposing persons, the officer shall evaluate each complaint separately to
determine if there is probable cause that each accused person committed a crime or offense and their actions were
not an act of defense of a person or property as provided in K.S.A. 2017 Supp. 21-5222, 21-5223, 21-5225, 21-
5230 or 21-5231, and amendments thereto; (4) a statement defining domestic violence in accordance with K.S.A.
2017 Supp. 21-5111, and amendments thereto; (5) a statement describing the dispatchers’ responsibilities; (6) a
statement describing the responding officers’ responsibilities and procedures to follow when responding to a
domestic violence call and the suspect is at the scene; (7) a statement regarding procedures when the suspect has
left the scene of the crime; (8) procedures for both misdemeanor and felony cases; (9) procedures for law
enforcement officers to follow when handling domestic violence calls involving court orders, including protection
from abuse orders, restraining orders and a protective order issued by a court of any state or Indian tribe; (10) a
statement that the law enforcement agency shall provide the following information to victims, in writing: (A)
Availability of emergency and medical telephone numbers, if needed; (B) the law enforcement agency’s report
number; (C) the address and telephone number of the prosecutor’s office the victim should contact to obtain
information about victims’ rights pursuant to K.S.A. 74-7333 and 74-7335, and amendments thereto; (D) the name
and address of the crime victims’ compensation board and information about possible compensation benefits; (E)
advise the victim that the details of the crime may be made public; (F) advise the victim of such victims’ rights
under K.S.A. 74-7333 and 74-7335, and amendments thereto; and (G) advise the victim of known available
resources which may assist the victim; and (11) whether an arrest is made or not, a standard offense report shall be
completed on all such incidents and sent to the Kansas bureau of investigation.
PUBLIC RELEASE OF OFFENSE AND ARREST DATA
Records open to the public are found in the Kansas Open Records Act, in K.S.A. 45-215 et seq. Any law enforcement
agency which releases the Kansas Standard Offense Report (KSOR) information should comply with these provisions.
The Attorney General of the State of Kansas has opined that Page One of the KSOR, which contains the name of the
victim, is an open public record and released in accordance with Kansas law (A.G. Opinion 87-25
). However, victim
specific or other identifying information being reported as the result of a sex offense shall be closed by the reporting
law enforcement agency. Disclosure of such information is an invasion of personal privacy (
A.G. Opinion 92-149).
Social security numbers must be redacted from the KSOR by the reporting law enforcement agency for the same reason
(
A.G. Opinion 98-38).
The Attorney General has also advised that Kansas Standard Arrest Reports (KSAR) are mandatorily closed (
A.G.
Opinion 98-38). However, police blotters are public, and if arrest information is not included in a blotter, the law
enforcement agency is under an obligation to provide blotter type information for the arrest. This would consist of the
name, address, age, sex, date, time and place of arrest, and the offense for which the person is arrested.
There are many codes associated with the KSOR and KSAR; many agencies have a sheet identifying the KIBRS
specific codes. A.G. Opinion 93-9
states the code sheet is a public record that must be disclosed by law enforcement
agencies upon request.